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Forms of Investment Permitted
The legal forms of investment
permitted include the followings:
Joint Ventures
Built-Operate-Transfer (B.O.T)
Business Cooperation Contract (B.C.C)
Wholly owned domestic capital (100%)
Wholly owned foreign capital (100%)
Join Ventures
Formation of Join Venture
The proposed investment enterprise may be in the form of an
incorporated joint venture which may be formed between investors
of any nationality and may include a joint venture with the RGC.
Irrespective of the nationality of the JV shareholders, there is
no limit on the permitted share holding proportions of each
shareholder unless the JV owns or intends to own land, or holds
or intends to hold an interest in land in Cambodia, in which
case the foreign shareholding in the JV shall not exceed (49%).
Contributions to Join Venture
Contributions in Kind: The capital value of any asset
contributed to the JV is calculated on the basis of the
market value of the asset. Where the CDC in its absolute
discretion determines that value of the asset to be
contributed by any party is more than the assessed market
value, the CDC has the right to use the assessed market
value as the value of the contribution for the purpose of
its assessment of the application.
Property: Any plant, machinery or equipment that an investor
wishes to contribute to the JV or which the JV proposes to
purchase shall be in good condition and shall comply with
recognized safety standards applicable to that type of plant,
machinery or equipment. The investor shall be fully responsible
for compliance with those safety standards.
Land: A Cambodian investor may contribute land to the capital
of a JV. The value of the land for the purpose of determining
the capital contribution by the Cambodian investor shall be
agreed by all the parties of the JV.
Built-Operate-Transfer (BOT)
A build-Operate-Transfer (BOT) project is a concession
contract in which a Principal, usually a government grants a
con\cession to a Promoter, sometime known as the
Concessionaire, who is responsible for the construction,
financing, operation and maintenance of a facility over the
period of the concession before finally transferring the
facility, at o cost to the Principal, as a fully operational
facility. During the concession period the Promoter owns and
operates the facility and collects revenues in order to
repay the financing and investment costs, maintain and
operated the facility and make a margin of profit.
Business Cooperation Contract (BCC)
This is an agreement between the investor in Cambodia and a
State entity in Cambodia for the purpose of undertaking
activities of production and business in Cambodia and to
share between themselves the profits resulting from their
activities without creating in itself a separate legal
entity. Trade or barter agreements are expressly excluded
from the scope of the business cooperation contracts.
